VIJAY KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Baxi S.R.P Sinha, learned senior counsel appearing for the appellant, Mr. Y.V. Giri, learned senior counsel appearing for the respondent no. 2 as well as Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State on the point of admission and in our view, this criminal appeal can be disposed of on admission stage itself.

(2.) The appellant being informant in Kateya P.S. Case No. 228 of 2003 is aggrieved by the impugned judgment of acquittal dated 31.07.2018 passed by the learned Additional Sessions Judge, VIII, Gopalganj in Sessions Trial No. 794 of 2016 by which and where under he acquitted the respondent no. 2 from the charges framed against him for offences punishable under Sections 147 , 148 , 149 , 341 , 302 / 149 of the Indian Penal Code and Section 27 of the Arms Act.

(3.) Learned counsel appearing for the appellant submits that the learned Trial Court has not properly appreciated the prosecution case. He submits that the impugned judgment goes to show that the learned Trial Court based his findings on the case diary which is not in accordance with law and the above stated perversity is itself sufficient for setting aside the impugned judgment of acquittal.